insuance claims HELP

[6smokers]

:banghead My sons bike was parked on the street. A man backed ito it causing $1500 damage. The mans insurance company says its value is $3200 if it had been in perfect shape but said it had $1700 of previous damage so they totaled the bike and would give us $190 settlement. Any advice. The bike was rideable now it is not
Thanks Doug








as water reflects a face so a mans heart reflects the man

[deilenberger]

Doug,

Two points..

1 - The section you posted this in is supposed to be for discussion of the website - not bikes or even bike related things. I'm going to move this posting to the clubhouse where it will receive more attention.

2 - It may (or may not, but I suspect will) be useful if we have some idea of what the bike in question is. As you stated the facts - it's hard to say if this is a fair settlement or not.

The numbers you give don't work out - I assume there is a deductable being factored into the equation by the insurance company?

Hang on - moving the thread..

[jgr451]

Doug:Long answer,short:see a lawyer where you live.Anyone who damages another party must make that person whole insofar as that is possible.They don't get to wreck your son's $3000 motorcycle and offer to give him $200.That is why the Bar is at odds with insurance companies.

[dancogan]

They're trying to BS you into believing the bike was only worth $190 as it sat on the street, in running condition. Your job, using comparable bike sales, ads, affidavit from a dealer, etc., is to prove them wrong. If they don't budge you can enlist help from your son's insurance carrier or an attorney. Judges and juries usually don't show much sympathy for insurance companies that try to take advantage of someone who has suffered a loss.

[PGlaves]

It seems to me the clear answer is in your first post; to wit,

"... backed into it causing $1,500 damage..."

So any prior damage is smoke and mirrors. The driver owes your son $1,500. If his insurance company believes otherwise that may wind up between the driver and his insurance company.

I think a lawyer is a good idea.

[MCMXCIVRS]

I assume from the fact that you are dealing with the other parties insurer that you don't have coverage on the bike yourself for collision. If you do, put the claim through to your insurer and let them wring it out of the other company. If not, then you will have to stand your ground and demand a better sttlement.

Based on the numbers you posted, the bike has a value of $3200 - $1700 (previous damage) = $1500. That should be the minimum number they are offering you for a complete write off. You should not lose any deductable value when it is not your fault and not your insurer. If you elect to keep the bike, they will deduct the salvage value from the payout; however, given the claim of $1700 previous damage plus $1500 new damage on a $3200 machine, the salvage value should be virtually nothing.

[6smokers]

The bike is a cbr 1000 Honda still trying to convert him to Bmw but at least we get to ride together. Thank you for moving the post and for all the wisdom.
Doug:thumb

[jeremell]

You certainly can not afford to hire a lawyer for the sums involved. Small claims courts are set up so you don't need a lawyer. It shouldn't get that far anyway.

Which state are you in? Which insurance company are you dealing with?

[John Brase]

I just went through this on my "good ole truck." I got crashed by a cell phone wielding girl, no dispute as to fault.

Her insurance company (Allstate) estimated the damage at $2000+ and the value of my truck at $1000. My response was literally, "that's crazy talk." So they sent it to another adjuster who sent the case back to the valuation company they use (Autosource). They then came back with a valuation of $1250. This was based on a description of the truck sent to two dealers and asking the dealers what they would sell that truck for.

By that time I had done a bunch of internet research (Kelly Blue Book, Autotrader.com, etc.) and responded with a list of comps showing asking prices ranging from $1900 to $2900 for similar age/condition trucks. After a while the insurance company came back with an offer of $1870 plus 7% sales tax, minus a salvage buyback of 13%.

By the time all this was done (six weeks) my truck was already fixed and back on the road (for $1810) so I accepted the offer.

They will try to lo-ball you. Do your homework and hang in there. By the way, they do owe your son a rental motorcycle in the meantime. demand it and it might make them a little more interested in reaching a reasonable settlement.

John

[From MARS]

Similar experience with a Jeep that burned up in the mechanics garage. They rented me a car, and then tried to lowball me. When I told them of all the work I had had done, they said, "Those are normal maintenance items." When I explained that they were, but I had expected to get to wear out the new stuff myself and not have it burn up in a fire, they were still somewhat reluctant to pay up. Then I reminded them of the car and that I wasn't settling for less, and so, if they wanted to keep paying for my rental until we went to court, that was fine with me. The check was in the mail, shortly.

Tom

[6smokers]

The incident happend in Texas. the in. co is USSC. I will keep fighting thanks for the tips and info

[AKBeemer]

Paraphrasing Al Capone: You get more with a smile and a lawyer (gun) than you do with a smile alone.

Calling 535i..............